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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35214
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partners child aged 3 lives with her Mother The house is

Customer Question

My partners child aged 3 lives with her Mother
The house is mortgaged and paid for by my partner
My partner was only with the childs mother for two years
She lives in the house with a new partner
Also in the house are two other children from another father
None of these people contribute to the house costs. My partner pays the mortgage and they all live there
He cannot afford to rent or buy another property for himself and his daughter to live in
Question 1 Can he do anything about the above and can he legally take control of the house and evict everyone else
The next thing which is more important is that the man who is living there now and having a relationship with the childs mother has a history of violence drug abuse domestic abuse and child abuse. The social services alerted my partner to this and meet every week to ensure the childs safety. Child protection are involved.
Legally my partner does not know what to do
Can he apply or just take his daughter away from that environment?
Can he then evict the mother of his child, the man she is with and her other two children from his property?
The property is in his name onlyThankyou
Submitted: 6 months ago.
Category: Family Law
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the house worth and how much is outstanding on the mortgage?

Have Social Services spoken to your partner about the child moving to his care?

Customer: replied 6 months ago.
The house is worth approx £500. The outstanding mortgage is approx £350No Social services have not spoken to him about the child moving into his care
Expert:  Clare replied 6 months ago.

Just to check - they have never been married to each other?

How much does a two bedroom property in the same general area cost to buy?

Customer: replied 6 months ago.
No. Never married.
About £250k to £300 k
Customer: replied 6 months ago.
I wonder if you could reply a bit more quickly please. So far this has taken 48 hours and we need to know before tomorrow.
There is no court order. Just he has agreed to let her live in the house. She denies the man is living there ... but he is as his daughter tells us and he is always there. Thanku so much
Expert:  Clare replied 6 months ago.

I am sorry - we are all working lawyers and I have been in court all day

I am not sure what the deadline is as your partner certainly cannot simply refuse to return the child after contact I am afraid

With regard to the property your partner can give his ex "reasonable written notice to leave" - at least three months notice - and at the end of that time he can change the locks.

The risk is that his ex will apply for an Order under Schedule 1 of the children act allowing her to remain there for the next 15 years - or until she cohabits - however that would give him the chance to argue that she should pay some form of rent whilst she is there

With regard to the child there are a number of options open to your partner

If he is certain that the child is at risk in the care of his partner he can make an urgent applictaion to the court using a form C100 for an order that the child lives with him until there has been a proper assessment of the current living arrangements.

Alternatively he can ask for a Prohibited steps order preventing his ex from allowing the child to meet or spend time with this new partner.

It would be unwise to issue in respect of both the property and the child at the same time as his ex will try and argue that he is making up his concerns about the child to get her out of the house

I hope that this is of assistance - please ask if you need further details

Customer: replied 6 months ago.
Thankyou. The deadline is that there is a meeting about the child on Monday morning. Also apologies, but the website didnt mention answers would take a long time, in fact the opposite, so I was under the false impression that all questions would be responded to quickly.
Thankyou for your help so far.
May I ask this.....
If my partner lets the mother of his child tl live in the house. Is there a reasonable argument to charge 'rent' for the other two children that arent his. Aged 7 & 11 ... also the partner of his ex ... considering the report....
Armed offences
Several drug offences
Child abuse
Domestic violence
Can we stop him by law from entering the house?
Finally, the mother has mental health issues and the report from the social worker highlights that she beleives she does not appreciate the risks of having a relationship with this man and that given time once the "honeymoon" period has worn off he may become violent. It also says that the social worker has concerns that the man could hurt harm of even cause death to the childrenWe are a nice family who have found ourselves in this situation. We are afraid for the little girl and also the financial struggle in paying for a large house. We just need to know all our rights. Ny partner only knew his daughters mother for two weeks prior to her pregnancy. He was away for most of the pregnancy and just tried to 'do the right thing" obviously foolishly not appreciating the implications. Many thanks
Expert:  Clare replied 6 months ago.

No he cannot charge rent because of the extra children

As I said he can ask for a Prohibited steps order preventing his ex from allowing the child to meet or spend time with this new partner.

I am assuming that the child regularly spends time with your partner - and at the next meeting he should ask if the child should move to live with him.

Expert:  Clare replied 6 months ago.

I am sorry that you feel that my service was poor - I appreciate that the news was not all he wished to hear but based on what you told me it was the best of the options - however I appreciate that things may have changed after monday.

If you need further details do please ask